JUDGMENT :

1. Heard Mr. B.D. Deka, learned counsel for the petitioner and Mr. M. Sarma, learned counsel for the respondent No. 1.

2. By this application under article 227 of the Constitution of India, the petitioner has challenged the order dated 8.8.2016 passed by the Debts Recovery Tribunal, Guwahati in connection with I.A. No. 21/16 arising out of O.A. No. 171/16. By filing the said O.A. No. 171/16, the respondent No. 1-bank had prayed before the Tribunal for recovery of a sum of Rs. 23,56,754.42 which had accrued against a loan obtained for purchasing a commercial vehicle. The said vehicle was hypothecated with the respondent No. 1-bank and the said vehicle was bearing Registration No. AS-01-GC-1855. The said O.A. No. 171/16 was filed on 25.4.2016.

3. The petitioner has projected that he had lodged an FIR before the Williamnagar Police Station on 28.4.2016 alleging that hypothecated vehicle was stolen. The petitioner has alleged that it has come to his knowledge that the hypothecated vehicle was surreptitiously sold by the respondent/bank in collusion with some other persons and as per the record procured from the concerned district transport office, it was learnt that the vehicle